Move-In Fees vs. Security Deposits: Know the Difference

A security deposit is money your landlord holds and must return after you move out, minus lawful deductions for unpaid rent or damage beyond normal wear and tear. A move-in fee, such as an admin, amenity, or key fee, is a one-time charge you do not get back. Some states limit fees before move-in: Massachusetts and New York ban nearly all of them, Oregon bars fees for costs the landlord expects to have, and California counts a fee for processing a new tenant as part of the refundable deposit and its one-month cap.

How to read a move-in charges statement

Sort each line on the statement into one of three groups: rent pays for living there, a deposit is held and refunded, and a fee is kept.

Then check the labels against your state's law, because a charge called a fee can legally be a deposit. Washington, for example, treats a fee as a refundable deposit unless the written lease clearly says it is nonrefundable. The reverse label fails too: California bars any part of a deposit from being called nonrefundable, and Washington bars calling a nonrefundable payment a deposit. Our guide to nonrefundable deposits and fees explains which fees each state allows.

Which states ban or limit fees before move-in

Where no statute limits move-in fees, the lease sets them, so ask about each one before you sign. For every state's deposit cap and what counts toward it, see how much a landlord can charge for a security deposit.

A worked example

Your rent is $2,000 and you move in on the 1st. The statement lists $2,000 for the first month's rent, a $2,000 security deposit, a $400 pet deposit, a $300 admin fee, a $200 amenity fee, and a $75 key fob fee, for a total of $4,975.

• Sorted by type: $2,000 is rent, $2,400 is refundable deposit ($2,000 + $400), and $575 is nonrefundable fees ($300 + $200 + $75).
• In California, with a landlord that does not qualify for the two-month limit: the security deposit, pet deposit, admin fee, and key fob fee are all security, so security totals at least $2,775 ($2,000 + $400 + $300 + $75). That is at least $775 over the $2,000 cap, before considering whether the $200 amenity fee also counts as security. Any amount that qualifies as security is refundable by law, minus lawful deductions; the landlord's agreement is not required.
• In New York: the deposit and pet deposit together come to $2,400, which is $400 more than the one-month limit on deposits, and the admin, amenity, and fob fees cannot be charged at or before the start of the tenancy.
• In Massachusetts: the pet deposit, admin fee, and amenity fee are not allowed. The fob charge is allowed only if it is the cost of buying and installing a new lock and key.

How to get every charge itemized and receipted before you pay

1. Ask for the full cost in writing before you sign. Request a list of every charge due at or before move-in, what each one pays for, and whether it is refundable. In New York City, the landlord or its agent must give you an itemized fee disclosure to sign before the lease.
2. Match each charge to the lease. Each fee and its amount should appear in the lease. Oregon requires every fee to be described in the written rental agreement, and Washington requires the lease to say clearly that a fee is nonrefundable.
3. Check the rent math. If your lease prorates by the days in the month, moving in on September 21 means paying for 10 of September's 30 days: $2,000 x 10 / 30 = $666.67. Our guide to prorated rent shows the other methods leases use.
4. Dispute a charge before you pay it. Ask in writing for any charge your state does not allow to be removed or, only if the total deposit stays within the legal cap, converted to a refundable deposit, and name the law from the table above. Some states add a penalty: in Oregon, a tenant charged an unlawful fee can recover twice the actual damages or $300, whichever is greater, and in Colorado, a landlord that does not refund an unlawful fee within 14 days of your written demand owes your actual damages plus 18% annual interest.
5. Pay in a traceable way and get a receipt for each charge. Pay by check, card, or bank transfer, and get a receipt that names each line item and its amount. Massachusetts requires a signed receipt for a security deposit and a separate one for prepaid last month's rent; security deposit receipts covers the rules in other states.

To plan the total cash due on move-in day, including moving costs, see how much money you need to move into an apartment. For the rest of the move, from giving notice to getting keys, see our move timeline.